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Lock Up Concrete Pumping Pty Ltd

Summary

Incident description:

On 10 August 2007, a worker was accessing the hopper section of a concrete truck when a remote control worn around his neck accidentally activated the pump resulting in serious crush injuries to his left hand.

Despite surgery and skin grafts, the worker was left without fingers on his left hand.

The investigation revealed:

  • at the time of the incident the trucks engine which ran the concrete pump was idling
  • the defendant did not have controls in place ensuring workers could not come into contact with moving parts of the concrete pump.

Post incident, the risk was eliminated through a new hopper grate being installed which requires a spanner to undo nuts prior to accessing the hopper. An accumulator safety dump valve was also installed on the grate to the hopper.


Court result:

The defendant was found guilty and fined. Industrial Magistrate McCallum noted the defendant's argument regarding its financial circumstances.

The Court took into account the defendant's otherwise good record, its cooperation with the investigation and the steps subsequently taken in ordering no conviction be recorded.

Note: An application to appeal was made to the Industrial Court on 22 December 2008. The decision for this appeal was handed down on Thursday 7 May 2009. President Hall dismissed the appeal.


Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

When working in the construction industry where there is exposure to risk from plant with moving parts, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with the exposure to risk from plant with moving parts, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers.

Once evaluated, obligation holders should implement control measures and a comprehensive training program to ensure all workers are fully aware of their responsibilities, likely risks and safe working practices of the workplace.

Control measures that may be considered when working with or near plant with exposed or moving parts include.

  • installing guards that comply with manufacturers' recommendations
  • restricting access to the exposed area
  • enforcing the use of personal protective equipment (PPE) when operating plant
  • scheduling periodic checks and maintenance of plant
  • installing safety stop/latches to restrict or stop the movement of plant in an emergency
  • ensuring first aid kits and treatment are easily accessible if required
  • implementing an emergency action plan to ensure emergencies are dealt with efficiently and effectively.

Visit the Workplace Health and Safety Queensland website for more information on:

Details
   
Industry:
Construction
ANZSIC code:
4221
Defendant:
Lock Up Concrete Pumping Pty Ltd
Defendant ACN:
102 671 018
Date of offence:
10 August 2007
Location of offence:
Goodna
Injury:
Crush Injuries to left hand
Circumstance of aggravation:
Grievous bodily harm
Court:
Ipswich Industrial Magistrates Court
Magistrate:
Ms Donna McCallum
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
8 December 2008
Penalty:
$20 000
Maximum fine available:
$375 000
Investigation costs:
$900
Professional and legal costs:
-
Court costs:
$65.40
In default period to pay:
Referred to State Penalties Enforcement Registry
Conviction recorded:
No
CIS event no.:
66977